Presidential Reference and Revisiting Supreme Court Judgments

Context:

• On July 22, 2025, the Supreme Court began examining a Presidential Reference under Article 143, following its April 8 ruling on delays by Governors and the President in assenting to Bills passed by State legislatures.

What is a Presidential Reference?

• Constitutional Provision:

  • Article 143(1): Allows the President of India to seek the advisory opinion of the Supreme Court on any question of law or fact of public importance.

• Nature: Purely advisory and not binding.

• Scope: The Court must confine itself strictly to the questions referred.

Issue Behind the Current Reference:

• Originates from Tamil Nadu vs. Governor R.N. Ravi:

  • Challenge to the delay in assent to 10 re-passed State Bills.

  • SC April 8 ruling: Declared such prolonged inaction illegal.

  • Imposed judicially enforceable timelines on both Governors and the President.

• The Reference seeks clarity on:

  • Whether constitutional authorities (President/Governors) can be judicially compelled to act within specific timeframes on State legislation.

Is the Court Bound to Answer a Presidential Reference?

• No – Article 143(1) uses the term “may”, giving the Court discretion to:

  • Accept, decline, or partially respond to a Reference.

• Precedents:

  • Special Courts Bill (1978): Court upheld discretion.

  • Ayodhya Reference (1993): Declined due to ongoing civil case and violation of secularism.

Are Advisory Opinions Binding?

• Technically Not Binding:

  • As per St. Xavier’s College v. State of Gujarat (1974).

  • Article 141 (binding precedent) does not apply to Article 143 opinions.

• However:

  • Some cases, like R.K. Garg v. Union of India (1981), have treated advisory opinions as binding.

  • Thus, advisory opinions hold strong persuasive authority but no binding legal force.

Can Presidential Reference Overturn a Judgment?

• No – Article 143 cannot be used as a tool to:

  • Review or reverse a settled judgment delivered under Article 141 (binding precedents).

• Only valid options: Review Petition or Curative Petition.

However...

• The Court may refine, elaborate, or clarify the legal principles of a previous judgment without overruling it.

  • Example:

    • Natural Resources Allocation (2012): Clarified law post-2G ruling.

    • Presidential Reference on Collegium (1998):

      • Modified the functioning of the collegium system without overturning the 1993 judgment - Supreme Court Advocates-on-Record Association versus Union of India (1993)